Tex.
Health & Safety Code Section 382.05191
Emissions Reduction Permits: Notice and Hearing
(a)
An applicant for a permit under Section 382.05183 (Existing Facility Permit), 382.05185 (Electric Generating Facility Permit)(c) or (d), 382.05186 (Pipeline Facilities Permits), or 382.0519 (Voluntary Emissions Reduction Permit) shall publish notice of intent to obtain the permit in accordance with Section 382.056 (Notice of Intent to Obtain Permit or Permit Review; Hearing).(b)
The commission may authorize an applicant for a permit for a facility that constitutes or is part of a small business stationary source as defined in Section 5.135 (Small Business Compliance Assistance Program), Water Code, to provide notice using an alternative means if the commission finds that the proposed method will result in equal or better communication with the public, considering the effectiveness of the notice in reaching potentially affected persons, cost, and consistency with federal requirements.(c)
The commission shall provide an opportunity for a public hearing and the submission of public comment and send notice of a decision on an application for a permit under Section 382.05183 (Existing Facility Permit), 382.05185 (Electric Generating Facility Permit)(c) or (d), 382.05186 (Pipeline Facilities Permits), or 382.0519 (Voluntary Emissions Reduction Permit) in the same manner as provided by Sections 382.0561 (Federal Operating Permit: Hearing) and 382.0562 (Notice of Decision).(d)
A person affected by a decision of the commission to issue or deny a permit under Section 382.05183 (Existing Facility Permit), 382.05185 (Electric Generating Facility Permit)(c) or (d), or 382.05186 (Pipeline Facilities Permits) may move for rehearing and is entitled to judicial review under Section 382.032 (Appeal of Commission Action).
Source:
Section 382.05191 — Emissions Reduction Permits: Notice and Hearing, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.382.htm#382.05191 (accessed Jun. 5, 2024).
